Section 3. Required Beginning Date

The required beginning date of a participant is (SELECT ONE FROM AMONG OPTIONS 1-3. OPTION 4 MAY BE SELECTED ADDITIONALLY):

(Note to Reviewer: Each of the blanks following the reference to the “applicable age” should be filled in with the section of the plan corresponding to section 5.1 of the Sample Plan Language.)

1. ( ) April 1 of the calendar year following the calendar year in which the participant attains the applicable age (defined in section _____ of the plan document) age 70½.

2. ( ) April 1 of the calendar year following the calendar year in which the participant attains age the applicable age (defined in section _____ of the plan

document) 70½, except that benefit distributions to a participant (other than a 5-percent owner) with respect to benefits accrued after __________ (INSERT THE LATER OF THE ADOPTION OR EFFECTIVE DATE OF AN AMENDMENT TO THE PLAN THAT IMPLEMENTS THE CHANGES TO THE REQUIRED BEGINNING DATE OF THIS PARAGRAPH) must commence by April 1 of the calendar year following the later of the calendar year in which the participant attains the applicable age age 70½ o r the calendar year in which the participant retires.

(Note to reviewer: The above blank, referring to an amendment date, refers to 1997 changes to required beginning date determinations for non-5% owners. Under these changes, for a participant (other than a 5% owner) who attained age 70½ after a specified year, relief was afforded from the applicable sections of IRC § 401(a)(9). See Notice 97-75.)

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3. ( ) April 1 of the calendar year following the later of the calendar year in which the participant attains age the applicable age (defined in section _____ of the plan

document) 70½ o r the calendar year in which the participant retires, except that benefit distributions to a 5-percent owner must commence by April 1 of the calendar year following the calendar year in which the participant attains age 70½. the applicable age.

4. ( ) Any participant (other than a 5-percent owner) attaining the applicable age (as defined in section _____ of the plan document) may elect by April 1 of the calendar year following the year in which the participant attained the applicable age, to defer distributions until April 1 of the calendar year following the calendar year in which the participant retires. If no such election is made, the participant will begin receiving distributions by April 1 of the calendar year following the calendar year in which the participant attained the applicable age.

(Note to reviewer: Option 3 above may only be elected if (i) it corresponds to an amendment previously made to the plan pursuant to Reg. § 1.411(d)-4, Q&A-10(b) or (ii) it does not eliminate an age 70½a pplicable age-related distribution option, as described in th e is preceding regulation , because either (A) the plan is a new plan or (B) option 3(a) below is checked or the plan already offers a pre-retirement distribution option at least as generous as 3(a). )

Section 4. 2020 Required Beginning Date

4.1 Effective date of amendment providing choice for 2020 required minimum distributions:

Section ____ of the plan providing for a choice of whether a participant or beneficiary will receive 2020 required minimum distributions is effective ______________.

4.2 Treatment of 2020 required minimum distributions in the absence of a participant or beneficiary election: (Check a. or b.)

c. ( ) A participant or beneficiary who would have been required to receive a 2020 required minimum distribution will receive this distribution unless the participant or beneficiary chooses not to receive the distribution.

d. ( ) A participant or beneficiary who would have been required to receive a 2020 required minimum distribution will not receive this distribution unless the participant or beneficiary chooses to receive the distribution.

(Note to reviewer: The CARES Act provided that required minimum distributions waived for 2020 are not treated as eligible rollover distributions for purposes of Code § 401(a)(31) (relating to direct and automatic rollovers of eligible rollover distributions), § 402(f) (relating to notices to recipients of eligible rollover distributions) and § 3405(c) (relating to mandatory 20% withholding on eligible

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rollover distributions). In addition to the sample plan language provided below, Notice 2020-51 contains sample language providing that in the absence of an election in the adoption agreement, a direct rollover will be offered only for distributions that would be eligible rollover distributions in the absence of § 401(a)(9)(I).)

4.3 Rollover of Otherwise Required Minimum Distributions for 2020:

For purposes of the direct rollover provisions of the plan, the following will also be treated as eligible rollover distributions in 2020: (Check one or none.)

d. ( ) 2020 required minimum distributions (as defined in the plan).

e. ( ) 2020 required minimum distributions and Extended 2020 required minimum distributions (both as defined in the plan).

f. ( ) 2020 required minimum distributions (as defined in the plan) but only if paid with an additional amount that is an eligible rollover distribution without regard to section 401(a)(9)(I) of the Code.

(a)( ) Any participant (other than a 5-percent owner) attaining age 70½ in years after 1995 may elect by April 1 of the calendar year following the year in which the participant attained age 70½ (or by December 31, 1997 in the case of a participant attaining age 70½ in 1996), to defer distributions until April 1 of the calendar year following the calendar year in which the participant retires. If no such election is made the participant will begin receiving distributions by April 1 of the calendar year following the calendar year in which the participant attained age 70½.

B. (Note: Option 3(b) below may only be elected if it corresponds to an amendment previously made to the plan pursuant to Q&As-7 and -8 in Notice 97-75.)

(b) ( ) Any participant (other than a 5-percent owner) attaining age 70½ in years prior to 1997 may elect to stop distributions and recommence by April 1 of the calendar year following the calendar year in which the participant retires. There is (select only one)

( ) a new annuity starting date upon recommencement

( ) no new annuity starting date upon recommencement.

(Note to reviewer: AEffective June 26, 2013, an y retirement plan qualification rule that applies because a participant is married must be applied with respect to a participant who is married to an individual of the same sex. See Notice 2015-86, 2015-52, I.R.B. 887, Notice 2014-19, Rev. Rul. 2013-17, and the decision in U.S. v Windsor , 570 U.S. 12 (2013). F or example, under the required minimum distribution rules of § 401(a)(9) and the rollover rules of § 402(c), certain options are

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provided for a surviving spouse that are not available to a non-spouse beneficiary. These options must be provided to a same-sex spouse.

For a fuller description of the guidance interpreting the Windsor decision , see the Note to reviewer at LRM #42.)